Day 1 Public policy + Buisness Law

FBLA

Political Science

 the study of governments, public policies, and political processes, systems, and behavior.

Role and Conflicts of Politics in Government

The main role of politics is to manage conflict in a society,

Conflict: Conflict is natural in politics because resources (like money, power, and status) are limited.Politics is the arena where these conflicts are debated and resolved, often through compromise.

Democracy

A system of government where the people have the power. This power is usually exercised by voting for representatives who make decisions on their behalf.

Capitalism

An economic system where private individuals or companies own and control property and businesses, not the government. The goal is to make a profit.

Constitutionalism

The idea that a government's power should be limited by a set of fundamental laws, known as a constitution.

Power

• is the ability to get someone to do something they wouldn't otherwise do.

Legitimate Power

•  Power that comes from a position or office. A police officer has the authority to make an arrest.

Coercive Power

•  Power based on the ability to punish. A government can use fines or jail time to enforce laws.

Reward Power

•  Power based on the ability to give something of value, like a government contract or a tax break.

Sources of Power

•  Power can come from wealth, military strength, social status, or the support of a large group of people.

elitism

In a democracy, power is supposed to be held by the majority. However, sometimes power can become concentrated in the hands of a small, wealthy, or influential group. This is called

pluralism

• power is spread out among many different competing groups (like interest groups, political parties, etc.). In the real world, the U.S. has elements of both.

Political Culture

• The shared beliefs, values, and attitudes that people in a society have about their government and politics. In America, our political culture includes values like liberty, equality, and democracy.

Public Opinion

The specific views of a population on a particular issue or leader at a certain point in time. It's like a "snapshot" of what people are thinking. Political culture is the big, underlying set of values, while public opinion is the day-to-day measurement of people's views.

Citizenship

Refers to the rights and responsibilities of a member of a state. Rights include things like voting and free speech. Responsibilities include obeying laws, paying taxes, and serving on a jury.

Civil Society

•  Refers to all the groups and organizations that are not part of the government or for-profit businesses. This includes charities, community groups, religious organizations, and clubs. A strong civil society is important for a healthy democracy because it allows people to organize and advocate for their interests outside of government.

Political Justice

•  The idea that the government and legal system should be fair and treat everyone equally. It means that laws should be applied fairly and that people's rights are protected

Individual Rights

The specific freedoms and protections that are guaranteed to individuals, often in a constitution. In the U.S., these are found in the Bill of Rights (e.g., freedom of speech, right to a fair trial).

Gross Domestic Product

the total value of all goods and services produced within a country's borders in a specific time period (usually a year). It's the most common way to measure a country's economic health.

Components of GDP

• Consumption (spending by households)

• Investment (spending by businesses)

• Government Spending

• Net Exports (a country's exports minus its imports)

• Formula: GDP = C + I + G + NE

Country

• A geographic area with its own government. This is a general term.

Nation

 A group of people who share a common culture, language, or ethnic identity (e.g., the Kurdish nation). They may or may not have their own country.

State

• A political unit with a defined territory, a permanent population, a government, and sovereignty (the power to rule itself without outside interference). The U.S. is a state.

Government

• The specific group of people and institutions that exercise power and authority within a state. Governments can change (e.g., through elections), but the state remains.

 Identify ethical character traits.

• Honesty: Truthfulness and sincerity.

• Integrity: Adherence to a strict moral or ethical code.

• Compassion: Sympathy and concern for the misfortunes of others.

• Respect: Treating others with consideration and valuing their views.

• Responsibility: Being accountable for one's actions.

• Citizenship: Fulfilling one's duties and responsibilities as a member of a community.

• Justice: Fairness in treatment and the administration of law.

Explain the relationship between law and ethics.

• Law: A set of rules created and enforced by a governing authority. Laws dictate what people must or must not do.

• Ethics: A set of moral principles that govern a person's or group's behavior. Ethics suggest what people should or should not do.

• Relationship & Conflict:

  • Often, laws are based on ethical standards (e.g., laws against murder reflect the ethical principle that killing is wrong).

  • However, they can conflict. An action can be legal but unethical (e.g., a company finding a legal loophole to avoid paying taxes, which some consider an unethical shirking of social responsibility). An action can also be illegal but ethical (e.g., breaking a trespass law to save someone's life).

3. Explain the differences between local, state, and federal government.

• Federal Government: Governs the entire nation (United States). Its powers are enumerated in the U.S. Constitution and include regulating interstate commerce, declaring war, and coining money. It has three branches: Legislative (Congress), Executive (President), and Judicial (Supreme Court and lower federal courts).

• State Government: Governs an individual state. It has powers not delegated to the federal government nor prohibited by the Constitution (reserved powers). These include managing education, state roads, and issuing licenses. Each state has its own constitution and a similar three-branch structure.

• Local Government: Governs a specific city, county, or town. Its powers are granted by the state (delegated powers) and include managing local police, fire departments, and public schools.

4. Define statutory law and describe how a bill becomes a statute.

• How a Bill Becomes a Federal Statute:

  1. Introduction: A member of Congress introduces a bill in either the House of Representatives or the Senate.

  2. Committee Review: The bill is assigned to a relevant committee, where it is studied, debated, and may be amended. The committee can either pass the bill, kill it, or table it.

  3. Floor Debate & Vote: If passed by the committee, the bill is debated and voted on by the full chamber (House or Senate).

  4. Goes to Other Chamber: If it passes, it moves to the other chamber to go through the same process.

  5. Conference Committee: If the two chambers pass different versions of the bill, a conference committee of members from both chambers reconciles the differences.

  6. Presidential Action: Once both chambers pass an identical bill, it goes to the President, who can:

     • Sign it: The bill becomes law (a statute)."pocket veto"). Veto it: The President rejects the bill. Congress can override the veto with a two-thirds vote in both chambers.

     Do nothing: If Congress is in session, the bill becomes law after 10 days. If Congress adjourns before the 10 days are up, the bill is vetoed (a

5. Identify ways laws affect individuals, sources of law, and rights/responsibilities.

• How Laws Affect Individuals: Laws regulate nearly every aspect of life, from driving (traffic laws) and working (employment laws) to buying goods (contract law) and owning property (property law).

• Sources of Law:

  • Constitutional Law: The U.S. Constitution and state constitutions.

  • Statutory Law: Laws passed by legislative bodies.

  • Case Law (Common Law): Law established by court decisions, based on precedent.

  • Administrative Law: Rules and regulations created by government agencies (e.g., EPA, SEC).

• Rights of U.S. Citizens: Found in the Constitution, especially the Bill of Rights (e.g., freedom of speech, right to a fair trial, right to bear arms).

• Responsibilities of U.S. Citizens: Obeying laws, paying taxes, serving on a jury, and voting.

• Responsibilities of Government: To protect citizen rights, provide for national defense, promote the general welfare, and establish justice.

6. Distinguish between different types of courts.

• Trial Courts: The first level of courts where cases are initially heard, evidence is presented, and decisions are made. They have original jurisdiction.

• Appellate Courts: Review decisions made by trial courts to check for errors of law. They do not hold new trials. They have appellate jurisdiction.

• Federal Courts: Deal with cases involving federal law, the U.S. Constitution, or disputes between states. The structure is: U.S. District Courts (trial) -> U.S. Circuit Courts of Appeals (appellate) -> U.S. Supreme Court (final appellate).

• State Courts: Deal with cases involving state law. The structure is typically: State Trial Courts (often called Superior or Circuit Courts) -> State Appellate Courts -> State Supreme Court.

7. Distinguish between the roles of legal professionals.

• Judges: Preside over legal proceedings, ensuring rules are followed. In a bench trial, the judge determines the outcome. In a jury trial, the judge instructs the jury on the law.

• Lawyers (Attorneys): Represent clients in legal matters, providing advice and advocating for them in court.

• Paralegals: Assist lawyers with legal work such as research, drafting documents, and interviewing clients, but they cannot give legal advice or represent clients in court.

8. Identify the elements of criminal, civil, and business law.

• Criminal Law: Involves offenses against society as a whole. The government prosecutes the defendant. The burden of proof is "beyond a reasonable doubt."

  • Trial Procedure: Arrest -> Indictment -> Arraignment (plea) -> Trial (prosecution vs. defense) -> ~-> Sentencing.

• Civil Law: Involves disputes between individuals or organizations. The plaintiff sues the defendant. The burden of proof is a "preponderance of the evidence."

  • Trial Procedure: Complaint -> Summons -> Answer -> Discovery -> Trial (plaintiff vs. defendant) -> Judgment.

• Business Law: A broad area of civil law that governs business entities and transactions (e.g., contracts, corporate formation, agency).

9. Define and classify crimes

• Felony: A serious crime (e.g., murder, robbery) punishable by more than one year in prison.

• Misdemeanor: A less serious crime (e.g., petty theft, simple assault) punishable by a fine or less than one year in jail.

• Infraction (Violation): A minor offense (e.g., a traffic ticket) punishable only by a fine.

• Specific Crimes:

  • Embezzlement: Unlawful taking of property by someone to whom it was entrusted.

  • Larceny: Wrongful taking of another's personal property (theft).

  • Robbery: Larceny by force or threat of force.

  • Burglary: Entering a building unlawfully with intent to commit a crime therein.

  • Assault: A threat or attempt to cause harmful or offensive contact.

  • Battery: The actual harmful or offensive touching of another person.

  • Forgery: Falsely making or altering a document with the intent to defraud.

  • White-Collar Crime: Non-violent financial crimes committed by business or government professionals.

  • Extortion (Blackmail): Obtaining something (usually money) through threats.  

  • Bribery: Offering something of value to influence a public official.

  • Conspiracy: An agreement between two or more people to commit a crime.

10. Explain the difference between crimes and torts.

• Crime: A wrong against society, prosecuted by the government. The goal is punishment (prison, fines).

• Tort: A civil wrong against an individual or their property, prosecuted by the victim (plaintiff). The goal is compensation (damages) for the harm done.

• Note: The same act can be both a crime and a tort (e.g., O.J. Simpson was acquitted of the crime of murder but found liable for the tort of wrongful death).

11. Define "negligence per se."

• Negligence Per Se: ("Negligence in itself") An act is considered negligent because it violates a statute or regulation intended to protect the public. The plaintiff does not have to prove that a reasonable person would have acted differently, only that the defendant broke the law and this breach caused the injury.

  • Example: A driver speeds through a red light (violating a traffic law) and hits a pedestrian. The driver is negligent per se.

12. Define specific torts.

• Assault: Intentionally placing someone in fear of immediate harmful contact.

• Battery: Intentional harmful or offensive physical contact.

• False Imprisonment: Intentional confinement of a person against their will.

• Intentional Infliction of Mental Distress: Extreme and outrageous conduct that intentionally causes severe emotional suffering.

• Invasion of Privacy: Intrusion into someone's private affairs or public disclosure of private facts.

• Defamation of Character: A false statement that injures someone's reputation. Slander is spoken; Libel is written.

• Trespass to Land: Entering someone's real property without permission.

• Trespass to Personal Property: Wrongfully interfering with someone's use or possession of their personal property.

• Conversion: Wrongfully taking or using someone's personal property as if it were your own (the tort equivalent of theft).

• Negligence: Failure to exercise the degree of care that a reasonable person would exercise, causing foreseeable harm. Requires proving: Duty, Breach, Causation, and Damages.

• Strict Liability: Liability without fault. A person is held legally responsible for harm caused by their actions or products, regardless of their intent or level of care. Applies to abnormally dangerous activities (e.g., blasting with dynamite) and defective products.

13. Identify crimes in the business environment. In addition to those in A9, common business crimes include:

• Insider Trading: Using confidential information to trade stocks.

• Antitrust Violations: Price-fixing or creating monopolies.

• Fraud: Intentional deception for financial gain.

• Money Laundering: Concealing the origins of illegally obtained money.

14. Understand the purpose and uses of a variety of common legal documents. Legal documents create, define, and enforce rights and obligations. Examples:

• Contracts: To create binding agreements.

• Wills: To direct the distribution of property after death.

• Deeds: To transfer ownership of real property.

• Leases: To grant temporary use of property in exchange for rent.

• Power of Attorney: To authorize one person to act on behalf of another.

15. Recognize situations that call for legal advice. You should seek legal advice when:

• You are arrested or charged with a crime.

• You are being sued or want to sue someone.

• You are starting a business or entering a significant contract.

• You are involved in a serious accident.

• You are planning your estate (will, trust).

• You are facing divorce or custody issues.

16. Possess a working vocabulary of most frequently used legal terms.

• Litigation: The process of resolving a dispute through the court system.

• Arbitration: A method of dispute resolution where a neutral third party (arbitrator) hears the case and makes a binding decision.

• Mediation: A method where a neutral third party (mediator) helps the parties reach a mutually agreeable, non-binding settlement.

• Conciliation: Similar to mediation, but the third party (conciliator) may take a more active role in proposing solutions.

 Explain how disputes can be settled without resort to the courts. These methods are called Alternative Dispute Resolution (ADR).

• Negotiation: The parties communicate directly to try to resolve the issue themselves.

• Mediation: A neutral mediator facilitates negotiation (see A16).

Arbitration: A private trial where an arbitrator makes a binding decision (see A16). ADR is usually faster, cheaper, and more private than litigation.

18. Complete legal documents with notarization as required.

• Notarization: The official process of a certified official (Notary Public) verifying the identity of a signatory and witnessing the signing of a document. This adds a layer of fraud prevention. The notary affixes their official stamp or seal. This is required for documents like deeds, mortgages, and certain affidavits.

19. Define environmental law, energy regulation, and conservation.

• Environmental Law: The body of laws, regulations, and treaties designed to protect the natural environment from harm. It governs pollution, waste disposal, and resource protection (e.g., Clean Air Act, Clean Water Act).

• Energy Regulation and Conservation: Laws aimed at controlling the production, distribution, and consumption of energy, and encouraging efficiency and the use of renewable resources.